H. R IN THE HOUSE OF REPRESENTATIVES

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1 I TH CONGRESS ST SESSION H. R. To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER, Mr. SMITH of Texas (for himself, Mr. GOODLATTE, Mr. CALVERT, Mr. JODY B. HICE of Georgia, Mr. KING of Iowa, Mr. DUNCAN of South Carolina, Mr. BROOKS of Alabama, Mr. FRANKS of Arizona, Mr. PITTENGER, Mr. SESSIONS, Mr. DUNCAN of Tennessee, Mr. FRANCIS ROONEY of Florida, Mr. CHABOT, Mr. MESSER, Mr. MARCHANT, Mr. LABRADOR, Mr. HUN- TER, Mr. GOWDY, Mr. MCCAUL, and Mr. WEBSTER of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. Be it enacted by the Senate and House of Representa- mstockstill on DSK0JT0PROD with BILLS tives of the United States of America in Congress assembled, SECTION. SHORT TITLE. This Act may be cited as the Legal Workforce Act. VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

2 VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H SEC.. EMPLOYMENT ELIGIBILITY VERIFICATION PROC- ESS. (a) IN GENERAL. Section A(b) of the Immigration and Nationality Act ( U.S.C. a(b)) is amended to read as follows: (b) EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS. () NEW HIRES, RECRUITMENT, AND REFER- RAL. The requirements referred to in paragraphs ()(B) and () of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following: (A) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION. (i) ATTESTATION. During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by

3 (I) obtaining from the indi- vidual the individual s social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Depart- ment of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and (II) examining (aa) a document relating to the individual presenting it de- scribed in clause (ii); or (bb) a document relating to the individual presenting it de- scribed in clause (iii) and a docu- ment relating to the individual presenting it described in clause (iv). VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

4 VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H (ii) DOCUMENTS EVIDENCING EM- PLOYMENT AUTHORIZATION AND ESTAB- LISHING IDENTITY. A document described in this subparagraph is an individual s (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I or Form I A, or other documentation as designated by the Secretary specifying the alien s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation;

5 (V) passport from the Fed- erated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I or Form I A, or other documentation as des- ignated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Secu- rity, if the document (aa) contains a photograph of the individual and biometric identification data from the indi- vidual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of author- ization of employment in the United States; and VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

6 (cc) contains security fea- tures to make it resistant to tam- pering, counterfeiting, and fraud- ulent use. (iii) DOCUMENTS EVIDENCING EM- PLOYMENT AUTHORIZATION. A document described in this subparagraph is an individual s social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. A document described in this subparagraph is (I) an individual s unexpired State issued driver s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address; (II) an individual s unexpired U.S. military identification card; (III) an individual s unexpired Native American tribal identification VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

7 document issued by a tribal entity rec- ognized by the Bureau of Indian Af- fairs; or (IV) in the case of an individual under years of age, a parent or legal guardian s attestation under penalty of law as to the identity and age of the individual. (v) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS. If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (vi) SIGNATURE. Such attestation may be manifested by either a handwritten or electronic signature. (B) INDIVIDUAL ATTESTATION OF EM- PLOYMENT AUTHORIZATION. During the verification period (as defined in subparagraph VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

8 (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the indi- vidual is a citizen or national of the United States, an alien lawfully admitted for perma- nent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual s social security account number or United States passport number (if the indi- vidual claims to have been issued such a num- ber), and, if the individual does not attest to United States nationality under this subpara- graph, such identification or authorization num- ber established by the Department of Homeland Security for the alien as the Secretary may specify. (C) RETENTION OF VERIFICATION FORM AND VERIFICATION. (i) IN GENERAL. After completion of such form in accordance with subpara- VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

9 graphs (A) and (B), the person or entity shall (I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspec- tion by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending (aa) in the case of the re- cruiting or referral of an indi- vidual, years after the date of the recruiting or referral; and (bb) in the case of the hir- ing of an individual, the later of years after the date the verification is completed or one year after the date the individ- ual s employment is terminated; and VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

10 (II) during the verification pe- riod (as defined in subparagraph (E)), make an inquiry, as provided in sub- section (d), using the verification sys- tem to seek verification of the identity and employment eligibility of an indi- vidual. (ii) CONFIRMATION. (I) CONFIRMATION RE- CEIVED. If the person or other entity receives an appropriate confirmation of an individual s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. TION (II) TENTATIVE NONCONFIRMA- RECEIVED. If the person or other entity receives a tentative nonconfirmation of an individual s identity or work eligibility under the VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

11 verification system within the time pe- riod specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the non- confirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an ap- propriate code which has been pro- vided under the system to indicate a final nonconfirmation. If the indi- vidual does contest the nonconfirma- tion, the individual shall utilize the process for secondary verification pro- vided under subsection (d). The non- confirmation will remain tentative until a final confirmation or noncon- firmation is provided by the verification system within the time pe- riod specified. In no case shall an em- ployer terminate employment of an in- dividual because of a failure of the in- dividual to have identity and work eli- gibility confirmed under this section VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

12 until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this sub- section until a nonconfirmation be- comes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure. (III) FINAL CONFIRMATION OR NONCONFIRMATION RECEIVED. If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

13 (IV) EXTENSION OF TIME. If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first sub- sequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive in- quiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any ad- ditional proof concerning such inquiry. (V) CONSEQUENCES OF NON- CONFIRMATION. (aa) TERMINATION OR NO- TIFICATION OF CONTINUED EM- PLOYMENT. If the person or other entity has received a final VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

14 nonconfirmation regarding an in- dividual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not termi- nate employment of the indi- vidual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification sys- tem or in such other manner as the Secretary may specify. (bb) FAILURE TO NO- TIFY. If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)()(a) with respect to that individual. (VI) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION. If the person or other entity continues to VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

15 employ (or to recruit or refer) an indi- vidual after receiving final noncon- firmation, a rebuttable presumption is created that the person or entity has violated subsection (a)()(a). (D) EFFECTIVE DATES OF NEW PROCE- DURES. (i) HIRING. Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows: (I) With respect to employers having,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is months after the date of the enactment of such Act. (II) With respect to employers having 00 or more employees in the United States, but less than,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

16 is months after the date of the en- actment of such Act. (III) With respect to employers having or more employees in the United States, but less than 00 em- ployees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is months after the date of the enact- ment of such Act. (IV) With respect to employers having or more employees in the United States, but less than em- ployees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is months after the date of the enact- ment of such Act. (ii) RECRUITING AND REFERRING. Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

17 months after the date of the enactment of the Legal Workforce Act. (iii) AGRICULTURAL LABOR OR SERV- ICES. With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 0 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section (g) of the Internal Revenue Code of, agriculture as defined in section (f) of the Fair Labor Standards Act of ( U.S.C. (f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is de- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

18 fined in such section (f)) for further dis- tribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this clause shall not be counted for purposes of clause (i). (iv) EXTENSIONS. Upon request by an employer having 0 or fewer employees, the Secretary shall allow a one-time - month extension of the effective date set out in this subparagraph applicable to such employer. Such request shall be made to the Secretary and shall be made prior to such effective date. (v) TRANSITION VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H RULE. Subject to paragraph (), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii): (I) This subsection, as in effect before the enactment of the Legal Workforce Act.

19 (II) Subtitle A of title IV of the Illegal Immigration Reform and Im- migrant Responsibility Act of ( U.S.C. a note), as in effect be- fore the effective date in section (c) of the Legal Workforce Act. (III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 0(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note), as in effect be- fore the effective date in section (c) of the Legal Workforce Act, including Executive Order ( U.S.C. a note; relating to Government procurement). (E) VERIFICATION PERIOD DEFINED. (i) IN GENERAL. For purposes of this paragraph: (I) In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

20 (II) In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is three business days after the date of hire, except as provided in clause (iii). The offer of employment may be condi- tioned in accordance with clause (ii). (ii) JOB OFFER MAY BE CONDI- TIONAL. A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. (iii) SPECIAL RULE. Notwithstanding clause (i)(ii), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

21 VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H () REVERIFICATION FOR INDIVIDUALS WITH LIMITED WORK AUTHORIZATION. (A) IN GENERAL. Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee s work authorization expires as follows: (i) With respect to employers having,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is months after the date of the enactment of such Act. (ii) With respect to employers having 00 or more employees in the United States, but less than,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is months

22 after the date of the enactment of such Act. (iii) With respect to employers hav- ing or more employees in the United States, but less than 00 employees in the United States, on the date of the enact- ment of the Legal Workforce Act, begin- ning on the date that is months after the date of the enactment of such Act. (iv) With respect to employers hav- ing or more employees in the United States, but less than employees in the United States, on the date of the enact- ment of the Legal Workforce Act, begin- ning on the date that is months after the date of the enactment of such Act. (B) AGRICULTURAL LABOR OR SERV- ICES. With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section of the Migrant and Seasonal Agricultural Worker Protection Act ( U.S.C. 0)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 0 months after VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

23 the date of the enactment of the Legal Work- force Act. For purposes of the preceding sen- tence, the term agricultural labor or services has the meaning given such term by the Sec- retary of Agriculture in regulations and in- cludes agricultural labor as defined in section (g) of the Internal Revenue Code of, agriculture as defined in section (f) of the Fair Labor Standards Act of ( U.S.C. (f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufac- tured state, all activities required for the prepa- ration, processing, or manufacturing of a prod- uct of agriculture (as such term is defined in such section (f)) for further distribution, and activities similar to all the foregoing as they re- late to fish or shellfish facilities. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A). (C) REVERIFICATION. Paragraph ()(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it ap- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

24 plies to verifications pursuant to paragraph (), except that employers shall (i) use a form designated or estab- lished by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper, microfiche, micro- film, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Depart- ment of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of years after the date of such reverification or year after the date the individual s employment is terminated. () PREVIOUSLY HIRED INDIVIDUALS. (A) ON A MANDATORY BASIS FOR CER- TAIN EMPLOYEES. (i) IN GENERAL. Not later than the date that is months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

25 the identity and employment eligibility of any individual described in clause (ii) em- ployed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 0(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note). (ii) INDIVIDUALS DESCRIBED. An individual described in this clause is any of the following: (I) An employee of any unit of a Federal, State, or local government. (II) An employee who requires a Federal security clearance working in a Federal, State or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC). (III) An employee assigned to perform work in the United States VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

26 under a Federal contract, except that this subclause (aa) is not applicable to in- dividuals who have a clearance under Homeland Security Presi- dential Directive (HSPD clearance), are administrative or overhead personnel, or are work- ing solely on contracts that pro- vide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regu- latory Council, unless they are subject to verification under sub- clause (II); and (bb) only applies to con- tracts over the simple acquisition threshold as defined in section. of title, Code of Federal Regulations. (B) ON A MANDATORY BASIS FOR MUL- TIPLE USERS OF SAME SOCIAL SECURITY AC- COUNT NUMBER. In the case of an employer who is required by this subsection to use the verification system described in subsection (d), VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

27 or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following: (i) The Commissioner of Social Secu- rity shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social secu- rity account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient infor- mation notifying the employee of the proc- ess to contact the Social Security Adminis- tration Fraud Hotline if the employee be- lieves the employee s identity may have been stolen. The notice shall not share in- formation protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. (ii) If the person to whom the social security account number was issued by the Social Security Administration has been VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

28 identified and confirmed by the Commis- sioner, and indicates that the social secu- rity account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrong- fully submitted the social security account number that the employee may not be work eligible. (iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in sub- section (d) to check the work eligibility sta- tus of the applicable employee within business days of receipt of the notification. (C) ON A VOLUNTARY BASIS. Subject to paragraph (), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 0 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

29 of the identity and employment eligibility of any individual employed by the employer. If an em- ployer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individ- uals employed at the same geographic location or, at the option of the employer, all individuals employed within the same job category, as the employee with respect to whom the employer seeks voluntarily to use the verification system. An employer s decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. (D) VERIFICATION. Paragraph ()(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it ap- plies to verifications pursuant to paragraph (), except that employers shall (i) use a form designated or estab- lished by the Secretary by regulation for purposes of this paragraph; and VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

30 0 (ii) retain a paper, microfiche, micro- film, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Depart- ment of Labor during the period beginning on the date the verification commences and ending on the date that is the later of years after the date of such verification or year after the date the individual s em- ployment is terminated. () EARLY COMPLIANCE. (A) FORMER E-VERIFY REQUIRED USERS, INCLUDING FEDERAL CONTRACTORS. Notwith- standing the deadlines in paragraphs () and (), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 0(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

31 including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional require- ments of such Federal acquisition laws and reg- ulation) in lieu of any requirement to partici- pate in the E-Verify Program. (B) FORMER E-VERIFY VOLUNTARY USERS AND OTHERS DESIRING EARLY COMPLI- ANCE. Notwithstanding the deadlines in paragraphs () and (), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 0(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note) before such date, as well as by other employers seeking voluntary early compliance. () COPYING OF DOCUMENTATION PER- MITTED. Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as other- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

32 wise permitted under law) for the purpose of com- plying with the requirements of this subsection. () LIMITATION ON USE OF FORMS. A form designated or established by the Secretary of Home- land Security under this subsection and any infor- mation contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal crimi- nal law. () GOOD FAITH COMPLIANCE. (A) IN GENERAL. Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. AFTER (B) EXCEPTION IF FAILURE TO CORRECT NOTICE. Subparagraph (A) shall not apply if (i) the failure is not de minimus; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

33 (iii) the person or entity has been provided a period of not less than 0 cal- endar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not cor- rected the failure voluntarily within such period. (C) EXCEPTION FOR PATTERN OR PRAC- TICE VIOLATORS. Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)()(a) or (a)(). () SINGLE EXTENSION OF DEADLINES UPON CERTIFICATION. In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by months. No other extension of such a deadline shall be made except as authorized under paragraph ()(D)(iv).. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

34 (b) DATE OF HIRE. Section A(h) of the Immi- gration and Nationality Act ( U.S.C. a(h)) is amended by adding at the end the following: () DEFINITION OF DATE OF HIRE. As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise speci- fied.. SEC.. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. Section A(d) of the Immigration and Nationality Act ( U.S.C. a(d)) is amended to read as follows: (d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS- TEM. () IN GENERAL. Patterned on the employment eligibility confirmation system established under section 0 of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity) (A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media con- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

35 cerning an individual s identity and whether the individual is authorized to be employed; and (B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to in- quirers as evidence of their compliance with their obligations under this section. () INITIAL RESPONSE. The verification sys- tem shall provide confirmation or a tentative non- confirmation of an individual s identity and employ- ment eligibility within working days of the initial inquiry. If providing confirmation or tentative non- confirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation. () SECONDARY CONFIRMATION PROCESS IN CASE OF TENTATIVE NONCONFIRMATION. In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

36 in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a pe- riod of working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and em- ployer of such extension. The Secretary, in consulta- tion with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. () DESIGN AND OPERATION OF SYSTEM. The verification system shall be designed and operated (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to reg- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

37 ister all times when such inquiries are not received; (C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (D) to have reasonable safeguards against the system s resulting in unlawful discriminatory practices based on national origin or citizenship status, including (i) the selective or unauthorized use of the system to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; (E) to maximize the prevention of identity theft use in the system; and (F) to limit the subjects of verification to the following individuals: (i) Individuals hired, referred, or recruited, in accordance with paragraph () or () of subsection (b). mstockstill on DSK0JT0PROD with BILLS VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

38 (ii) Employees and prospective em- ployees, in accordance with paragraph (), (), (), or () of subsection (b). (iii) Individuals seeking to confirm their own employment eligibility on a vol- untary basis. () RESPONSIBILITIES OF COMMISSIONER OF SOCIAL SECURITY. As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs () and (), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

39 under the verification system except as provided for in this section or section (c)()(i) of the Social Security Act. () RESPONSIBILITIES OF SECRETARY OF HOMELAND SECURITY. As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs () and (), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States. () UPDATING INFORMATION. The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

40 0 manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (). () LIMITATION ON USE OF THE VERIFICATION SYSTEM AND ANY RELATED SYS- TEMS. (A) NO NATIONAL IDENTIFICATION CARD. Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (B) CRITICAL INFRASTRUCTURE. The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section (e) of the Critical Infrastructure Protection Act of 0 ( U.S.C. c(e))) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure. VerDate Sep : Sep, Jkt 00 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

41 () REMEDIES. If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class ac- tion may be brought under this paragraph.. SEC.. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT. (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT- MENT, REFERRAL, AND CONTINUATION OF EMPLOY- MENT. Section A(a) of the Immigration and Nationality Act ( U.S.C. a(a)) is amended () in paragraph ()(A), by striking for a fee ; () in paragraph (), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; and () in paragraph (), by striking after hiring an alien for employment in accordance with paragraph (), and inserting after complying with paragraph (),. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

42 (b) DEFINITION. Section A(h) of the Immigra- tion and Nationality Act ( U.S.C. a(h)), as amended by section (b) of this Act, is further amended by adding at the end the following: () DEFINITION OF RECRUIT OR REFER. As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, forprofit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only per- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

43 sons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this defi- nition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party.. (c) EFFECTIVE DATE. The amendments made by this section shall take effect on the date that is year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect months after the date of the enactment of this Act inso- far as such amendments relate to continuation of employ- ment. SEC.. GOOD FAITH DEFENSE. Section A(a)() of the Immigration and Nationality Act ( U.S.C. a(a)()) is amended to read as follows: () GOOD FAITH DEFENSE. (A) DEFENSE. An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)()), or is otherwise VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

44 obligated to comply with this section) who es- tablishes that it has complied in good faith with the requirements of subsection (b) (i) shall not be liable to a job appli- cant, an employee, the Federal Govern- ment, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on informa- tion provided through the system estab- lished under subsection (d); and (ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph () and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and con- vincing evidence, that the employer had knowledge that an employee is an unau- thorized alien. (B) MITIGATION ELEMENT. For pur- poses of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

45 of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under sub- section (d). (C) FAILURE TO SEEK AND OBTAIN VERIFICATION. Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: (i) FAILURE TO SEEK VERIFICATION. (I) IN GENERAL. If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with re- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

46 spect to any employment, except as provided in subclause (II). (II) SPECIAL RULE FOR FAIL- URE OF VERIFICATION MECHANISM. If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) FAILURE TO OBTAIN VERIFICATION. If the person or entity has made the inquiry described in clause (i)(i) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)() after the time the verification inquiry was received, the defense under sub- VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

47 paragraph (A) shall not be considered to apply with respect to any employment after the end of such time period.. SEC.. PREEMPTION AND STATES RIGHTS. Section A(h)() of the Immigration and Nationality Act ( U.S.C. a(h)()) is amended to read as follows: () PREEMPTION. (A) SINGLE, NATIONAL POLICY. The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. (B) STATE ENFORCEMENT OF FEDERAL LAW. (i) BUSINESS LICENSING. A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

48 employment eligibility when and as re- quired under subsection (b). (ii) GENERAL RULES. A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations imple- menting this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, includ- ing audit and investigation, by both a Fed- eral agency and a State for the same viola- tion under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State.. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H

49 SEC.. REPEAL. VerDate Sep : Sep, Jkt 00 PO Frm 000 Fmt Sfmt E:\BILLS\H.IH H (a) IN GENERAL. Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note) is repealed. (b) REFERENCES. Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 0 of the Illegal Immigration Reform and Immigrant Responsibility Act of ( U.S.C. a note) is deemed to refer to the employment eligibility confirmation system established under section A(d) of the Immigration and Nationality Act, as amended by section of this Act. (c) EFFECTIVE DATE. This section shall take effect on the date that is 0 months after the date of the enactment of this Act. (d) CLERICAL AMENDMENT. The table of sections, in section (d) of the Illegal Immigration Reform and Immigrant Responsibility Act of, is amended by striking the items relating to subtitle A of title IV. SEC.. PENALTIES. Section A of the Immigration and Nationality Act ( U.S.C. a) is amended () in subsection (e)()